Texas Legislative News: May 1, 2023

Last week, the Texas House approved a number of notable bills, including House Joint Resolution (HJR) 150 by Rep. Candy Noble, which passed on Monday, April 24. This constitutional amendment would provide a property tax exemption of $40,000 on homes owned by a person on behalf of a family member with a developmental disability. If approved by the Senate, the resolution would go before voters on Nov. 7.

On Tuesday, April 25, the House passed House Bill (HB) 386 by Rep. Jessica González, which would establish accommodations for voters unable to enter polling places. The bill has now been referred to the Senate State Affairs Committee.

The House passed HB 653 by Rep. Steve Allison on Thursday, April 27. The bill would make it easier for a parent to place a child with an intellectual disability under guardianship once the child reaches adulthood. Supporters of HB 653 say the bill is necessary to reduce the costs of guardianship, but many advocates argue that it removes necessary guardrails and strips away the rights of people with disabilities. HB 653 now heads to the Senate for consideration.

HB 272 by Rep. Julie Johnson passed on Friday, April 28. The bill, a previous TCDD Bill of the Week, would update state terminology used to refer to individualized education program teams. HB 272 now heads to the Senate.

One notable bill voted down in the House was HB 772 by Rep. Alma Allen. The bill — which was defeated on Wednesday, April 26, by a vote of 58-86 — would have banned the use of corporal punishment in public schools.

The Senate also passed notable bills last week:

• Senate Bill (SB) 1606 by Sen. Judith Zaffirini, which would require doctors or psychologists involved in guardianship proceedings to have experience with developmental disabilities (DD)
• SB 2248 by Sen. Judith Zaffirini, relating to the transfer of guardianships between courts
    

The Senate also passed HB 109 by Rep. Julie Johnson, a previous TCDD Bill of the Week, regarding health benefit coverage of hearing aids. Since it already passed the House in an identical form, it now heads to the governor to be signed into law.

Bills on the Floor

Here are some House bills of note scheduled for floor consideration this week:

• HB 667 by Rep. Ann Johnson, relating to the licensing and regulation of music therapists, requiring an occupational license, and authorizing fees
• HB 1004 by Rep. Matt Shaheen, relating to criminal prosecution of trafficking people and compelling prostitution
• HB 1010 by Rep. Chris Turner, relating to the insurable interest of certain people providing care to people with disabilities in the lives of those individuals
• HB 1283 by Rep. Tom Oliverson, relating to prescription drug formularies for the Medicaid managed-care program
• HB 2470 by Rep. John Kuempel, relating to banned adverse employment action against certain first responders based on mental illness
• HB 3928 by Rep. Steve Toth, relating to screening students for dyslexia and related disorders and student eligibility for special education services provided by school districts, including services for dyslexia and related disorders
• HB 4085 by Rep. David Spiller, relating to the payment by the state or a county for costs of certain mental health hearings or proceedings
• HB 4128 by Rep. Andrew Murr, relating to associate judges for guardianship proceedings and protective-service proceedings in certain courts
• HB 4629 by Rep. Stephanie Klick, relating to the terms and qualifications of members on the Intellectual and Developmental Disability System Redesign Advisory Committee
• HB 4696 by Rep. Candy Noble, relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation; the making and investigation of complaints alleging violations of certain health facility licensing requirements; and the employee misconduct registry
• HB 5146 by Rep. John Raney, relating to the creation of the Building Better Futures Program to support educational and occupational skills training opportunities and support services for students with DD (This was a recent TCDD Bill of the Week.)
• HB 5148 by Rep. John Raney, relating to the creation of the Texas Students with Disabilities Scholarship Program for certain students at public colleges and universities
• House Concurrent Resolution (HCR) 103 by Rep. Abel Herrero, designating Dec. 8 as Special Hearts Day for a 10-year period ending in 2033
    

The following bills have been placed on the Senate Intent Calendar for Monday, May 1. This means that they may or may not come up for consideration:

• SB 1192 by Sen. Judith Zaffirini, relating to access by the Health and Human Services Commission to criminal records for certain employees, volunteers, and contractors as well as applicants for those positions
• SB 1474 by Sen. Paul Bettencourt, relating to special education in public schools, including the special education allotment under the Foundation School Program; an education savings account program for certain children with disabilities; and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas who taught or provided services related to special education
• SB 1624 by Sen. Judith Zaffirini, relating to guardianships, alternatives to guardianship, and supports and services for incapacitated people
    

The Senate’s Local and Uncontested Calendar on Tuesday, May 2, is set to include HB 446 by Rep. Tom Craddick. This previous TCDD Bill of the Week would update the terminology used in state law to refer to people with intellectual disabilities.

For complete lists of bills considered each day, check out the House and Senate calendars on the Capitol website.

TCDD Public Testimony

Last week, TCDD staff provided public testimony on a number of bills at the Capitol, covering a wide range of topics. The following measures were among the bills that received comments from TCDD:

• HB 2506 by Rep. Jacey Jetton, relating to emergency detentions
• HB 2743 by Rep. Reggie Smith, relating to the court-ordered administration of psychoactive medication
• HB 2805 by Rep. Terri Leo-Wilson, relating to the consideration of school disciplinary records by a parole panel
• HB 4169 by Rep. Four Price, relating to prevocational services
• HB 4846 by Rep. Yvonne Davis, relating to transportation planning by metropolitan planning organizations
• SB 944 by Sen. Lois Kolkhorst, relating to the commitment of people with intellectual disabilities to state-supported living centers
    

If you’d like to give remarks at an upcoming hearing but aren’t sure how to craft your comments, we’ve created a My Testimony Blueprint (PDF) that can be used as a framework. For more information and support, check out Legislative Advocacy Resources.

Hearings To Watch

The following section includes a sample of the hearings that we are monitoring this week. During these hearings, legislative committees may consider important disability-related bills. You can find live and archived broadcasts of committee hearings on the House and Senate websites.

The House Public Health Committee held a hearing on Monday morning, May 1. The committee discussed the following notable bills:

• HB 2149 by Rep. Barbara Gervin-Hawkins, relating to notice of rights provided to a patient receiving involuntary inpatient mental health services
• HB 2417 by Rep. Briscoe Cain, relating to providing a person taken into custody for emergency detention with information about the person’s rights
• HB 2507 by Rep. Jacey Jetton, relating to procedures for the emergency detention of certain people with mental illness
    

The Senate Administration Committee held a hearing on Monday morning, May 1. The committee discussed the following notable bill:

• Senate Concurrent Resolution (SCR) 42 by Sen. Chuy Hinojosa, designating Dec. 8 as Special Hearts Day for a 10-year period beginning in 2023
    

The House Ways and Means Committee held a hearing on Monday morning, May 1. The committee discussed the following notable bill:

• HB 4158 by Rep. Mike Schofield, relating to the determination and reporting of homes owned by older adults and people with disabilities that are subject to limits on property taxes imposed by school districts
    

The House Human Services Committee will hold a hearing on Tuesday morning, May 2. The committee will discuss the following notable bill:

• HB 4823 by Rep. Tom Oliverson, relating to the provision and delivery of benefits to certain Medicaid recipients
    

The Senate Criminal Justice Committee will hold a hearing on Tuesday morning, May 2. The committee will discuss the following notable bill:

• HB 279 by Rep. Jacey Jetton, relating to the criminal prosecution and punishment of trafficking people
    

The Senate Health and Human Services Committee will hold a hearing on Wednesday morning, May 3. The committee will discuss the following notable bill:

• HB 54 by Rep. Senfronia Thompson, relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities (This was previously featured as a TCDD Bill of the Week.)
    

The House Transportation Committee will hold a hearing on Wednesday morning, May 3. The committee will discuss the following notable bill:

• SB 904 by Sen. Drew Springer, relating to the unauthorized use of parking designated for people with disabilities
    

The House Elections Committee will hold a hearing on Thursday morning, May 4. The committee will discuss the following notable bills:

• SB 477 by Sen. Judith Zaffirini, relating to accommodating voters with disabilities
• SB 1599 by Sen. Bryan Hughes, relating to ballots voted by mail

No Updates Next Week

Due to the TCDD quarterly meeting this week, the next Texas Legislative News will publish on Monday, May 15.

Our TCDD Bill of the Week will also take a brief break and return on Friday, May 12.

Stay Informed

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